Pacific Women’s Watch (New Zealand)
NON-GOVERNMENTAL ORGANISATION
ALTERNATIVE REPORT
STATUS OF WOMEN
Comments to the UN CEDAW Monitoring Committee
on New Zealand’s progress in implementing the
Convention on the Elimination of All Forms of
Discrimination against Women
(CEDAW)
September 2011
CONTENTS
Executive Summary and Recommendationspage2
Introduction5
Prologue to the Report 5
ARTICLES
1 Definition of Discrimination against Women 6
2 Anti-discrimination Measures7
3 The Development and Advancement of Women 8
4 Acceleration of Equality between Men and Women8
5 Sex Roles and Stereotyping8
6 Suppression of Exploitation of Women9
7 Political and Public Life 10
11 Employment 10
12 Health 12
13 Economic and Social Life 14
16Marriage and Family Life 14
APPENDIX 1: Shakti Community Council Inc
APPENDIX 2: Women’s Health Action Trust
EXECUTIVE SUMMARY and RECOMMENDATIONS
While this PWW(NZ) NGO Alternative Report for the seventh CEDAW review recognises some commendable gains in achieving equality for women in New Zealand since the sixth review, the conclusions and recommendations call for further action to eliminate the many outstanding issues of discrimination. Gaps and challenges were identified in presentations and discussions at meetings, seminars and workshops held during the last four years. Particular concerns of the rich diversity of women in the Auckland region where a large proportion of the national population of Maori, Pacific, Asian and migrant women and girls live are central to this NGO report. Intersectionality with the Beijing Platform for Action underlies the conclusions through information that PWW(NZ) gathered for its New Zealand NGO Country Report for the Fifteen-Year Review.
Articles 1-7, 11-13 and 16 are covered in a targeted approach. Concerns are clear and virtually unchanged since 2007. They are: the male/female pay gap differential; unresolved discriminatory workplace issues; the high level of domestic violence; continuing impoverishment of families; and the health and welfare of elderly women, women with disabilities and girls.
Article 1 – Definition of Discrimination against Women
Little has changed. Pay equity remains stalled. Domination of a “male culture”, sexual harassment, minimal promotion of females and lack of occupational choice renders the working environment intimidating for women. The lifelong trajectory of poverty, poor health, education and employment outcomes for many women continues unrelentlessly. Migrant women and girls are ground down by cultural practices including forced underage marriage.
Recommendation
that the Government initiates and carries out awareness training for the police and the judiciary on cultural oppression and gender analysis in the context of domestic/family violence, to build women’s access to and trust in the justice system
Article 2 – Anti-discrimination Measures
Little has changed with no process yet to monitor discriminatory practices. Migrant and refugee women and girls are subjected to ongoing injustices. Young females in prison lack dedicated facilities.
Recommendations
that the Government should allocate appropriate funding for crisis intervention services for migrant and refugee women and their children who are victims of domestic violence
that mothers with dependent babies should be imprisoned only as a last resort, alternative non-custodial sentences to be preferred
that the State should develop, implement and monitor extensive support services for mothers whether imprisoned themselves and/or caring for children of incarcerated fathers – not only while these men are imprisoned but also on their release
Article 3 – Development and Advancement of Women
Ministry of Women’s Affairs (MWA) Indicators for Change have provided a promising measurable tracking system. The cessationof MWA’s training in building a gender perspective into all Government policy and planning across Ministries is, however, alarming.
Recommendation
that the Government provide forthwith the resources necessary to reinstate gender-training by the MWA for staff in all Ministries
Article 4–Acceleration of Equality between Men and Women
The need for temporary special measures is still disregarded by the New Zealand Government. The MWA struggles to meet its goals due to a very limited budget.
Article 5 – Sex roles and Stereotyping
Persons identifying as other than heterosexual, and their children, suffer extreme discrimination. LGBTI and queer persons are maltreated and marginalized because they are “different”. The recent PWW(NZ) Media Watch Project tracking daily newspapers found women were still more likely to be portrayed as victims or in stereotyped roles. Female stereotypes were often used to sensationalize a story.
Recommendations
that all government departments should include anti-heterosexism education in ongoing EEO in-service training and policies
thateffective programmes against bullying of all types should be required by the Government as a performance indicator for every school principal
that resources and information for queer youth, their friends and whanau/extended family and all who work with queer youth should be available at no cost
that national data be collected on access and appropriateness of health and other social servicesand outcomes for queer and transgender people of all ages
Article 6 - Suppression of Exploitation of Women
New Zealandlaw recognizes the human rights of sex workers. Althoughtheycan accessredresstocombatexploitation they have no protection against discrimination due to their occupation.
Trafficking is neither well understood nor acknowledged by the government. A number of vulnerable migrant and refugee women have been trapped in the sex industry and on farms after arrival in New Zealand. A substantive outcome on trafficking within the sex industry is proving difficult despite a New Zealand Plan.
Recommendation
that the Government develop a clear definition of trafficking to include women brought into New Zealand as ‘internet-brides’, ‘mail order brides’ and as extended family farm-hands – a definition that takes into perspective the rights of ‘trafficked’ women as defined under UN Conventions
Article 7 – Political and Public Life
Change of attitude and climate to promoting women to boards and management under proposed new stock exchange rules is positive. A 12-month mentoring programme next year will help to rectify the male/female imbalance.
Recommendation
that the Government elaborate measurable strategies to ensure more women are in decision-making positions in business, government and community sectors
Article 11 – Employment
Proactive measures to address occupational segregation, pay equity and the gender pay gaprequireurgent attention. Women remain concentrated in lower paid occupations. Pay inequities are greatest for women with tertiary qualifications. Despite recent key policy initiatives there is continual lack of financial, social and employment support for women raising children. Paid parental leave remains inadequate (14 weeks only) and serious workplace issues for migrant women are being ignored.
Recommendation
that the New Zealand Government take all appropriate measures to eliminate discrimination against women in the field of employment as required under Article 11 of the Convention
Article 12 – Health
Family planning and sexual and reproductive rights still lack appropriate anti-discriminatory measures. Rates of teenage pregnancy, abortion and sexually transmitted infections are high. New Zealand has not yet actioned an adequate sexual healthy strategy. Funding cuts have curtailed specialist youth health services. Abortion is a crime unless strict criteria are met. More research is necessary to determine the needs of specific groups such as Pacific and Asian women. Migrant and refugee women face many barriers to accessing health care. The increasing level of female gender-based violence is troubling. Migrant and refugee and disabled women and girls face segregation and isolation. Exclusive breastfeeding to six months merits greater support. Worrying are proposed welfare changes in benefit delivery which will bring differential treatment for low income women.
Recommendations
that government departments and agencies have interpreting and/or New Zealand Sign Language policies in place, with adequate financial resources to provide interpreters whenever required by law
that the Government provide specialist medical, sexual assault and mental health care using trained interpreters for refugee and migrant women
that action be taken on the Sexual and Reproductive Health Strategy (2001) to reduce the rate of teenage pregnancy and rising rates of sexually transmitted infections
that the Government supports initiatives to protect, promote and support breastfeeding, especially in the workplace (New Zealand is in 7th place in OECD terms for exclusive breastfeeding at three months of age, but among the lowest for exclusive breastfeeding rates at six months)
that both the development ofa public disability awareness campaign and the establishment of on-going disability training for government departments are actionedas matters of priority
Article 13 – Economic and Social Life
In Auckland the growing shortage of housing is an ongoing issue leading to unsafe overcrowding, chronic illness and disease and impoverishment. Nothing has improved.
Article 16 – Marriage and Family Life
Unrelenting human rights abuses render family life fragile for many women. Domestic violence is increasing. Abortion rates are higher and for young women sexual health is poor by world standards. Action is overdue.
Recommendations
that strategies are put in place with urgencyto overcome the fact that New Zealand young women have the highest suicide rate in the OECD
that as well as legal safeguards the Government should introduce support services, including funding for half-way homes and rehabilitation programmes, for young women abused in underage marriages
that provision of women's refuge services in general and specifically for both ethnic and disabled women who are victims of violence demands urgency
that the Government proceed with urgency to address the multiple issues faced by both able-bodied and disabled women who are victims of domestic violence in line with Discussion Paper written by Survivors of Domestic Violence, January 2010[1] “It’s Still Not OK”.
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INTRODUCTION
Underlying this Alternative NGO Report is a particular focus on the special issues found in the ethnically diverse and geographically different population living in the North of New Zealand and centred on Auckland compared to the national population. Auckland’s population is different from that of New Zealand as a whole with proportionately more Pacific and Asian peoples. Auckland is also a region of migrants with almost 40 percent born overseas. Many suffer hardship and social exclusion. People living in severe hardship in Auckland are: 23 percent of Pacific people: 20 percent of Maori; 5 percent of Asian; 4 percent of European or Other. The median age for the national population is 36.8 years,but that for Aucklandis less due to the region's relatively young age structure.
The PWW(NZ) compiled New Zealand NGO Country Report, Beijing+15 Review and Appraisal was developed by 15 nationwide workshops and almost 500 responses to the questionnaire, How are We Doing? – New Zealand Women Together. The questionnaire, easily understandable by all, brought together much information about women and girls in their everyday lives. The results inform this alternative NGO Report to CEDAW. As in our reviews for Beijing+5 and Beijing+10, concerns for women were clear and virtually unchanged throughout the whole period, 1999-2009. They are:
- The pay gap differential for women compared to men continues to be a major concern.
- Ongoing workplace difficulties including low pay for the type of work performed; balancing work with family commitments (work-life balance); not feeling valued by management; a poor working environment).
- The high level of domestic violence suffered by women and girls.
- Continuing impoverishment of families – one in four children in poverty.
- Health and welfare of elderly women, women with disabilities and girls.
PROLOGUE TO THE REPORT
An analysis of the Committee on the Elimination of Discrimination against Women’s Concluding Comments after consideration of New Zealand’s sixth report shows that there has been little improvement in many of the concerns since the 2007 review.
Overview of Progress on Committee’s Concluding Comments related to CEDAW paragraphs:
13. Comprehensive scope of the Convention still not recognized
15. Gender perspectives still not included in national plans; nor are gender impact statements in all policy papers submitted to Cabinet
17. Dissemination of Optional Protocol to CEDAW limited
19. Adequate sanctions for discrimination on equal pay and equal opportunity not yet implemented
21. Work to track trends over time for different groups of women now developed, but need for special measuresnot yet acknowledged
23. While “backlash” against prominence of women’s human rights now less discernible, national campaign of promotion of rights is by no means always consistent
25. “It’s not OK” campaign visible but covers only one aspect of discrimination, excludes economic abuse
27. Some improvement for immigrant women, but issues relatingto employment, domestic violence and isolation need more attention
29. Commendable focus on threat of trafficking, but legislation to prevent clandestine underage marriage still under consideration only
31. Women’s decision-making roles in non-government sector unrealized, especially for Pacific women and girls
35. Clear goal of closing the gender wage-gap is pleasing to see, but success is proving very elusive
37. Paid parental leave still below the international benchmark; availability ofquality affordable, accessible childcareis inadequate
39. Comprehensive sexual and reproductive health strategy not yet actioned
41. Tightening conditions for legal aid needed, taking account of total assets not just cash assets
42. and 43. The Beijing Platform for Action and Millennium Development goals are not explicitly reflected in theimplementation of CEDAW.
ARTICLE 1 – Definition of Discrimination against Women
CEDAW has still not been fully incorporated into domestic law: New Zealand domestic legislation has no explicit and comprehensive definition of discrimination against women. Persistent discrimination against women continues in:
- Workplace harassment
- The gender pay gap (13 percent June 2011), especially for women with higher qualifications
- Impoverishment of families – still 1 in 4 living in poverty
- Issues of discrimination against migrant women.
The PWW(NZ) NGO Country Report for Beijing+15 highlights all of these. The Universal Periodic Report 2009 also highlights that CEDAW concerns include: gender wage gap, high levels of occupational segregation, concentration of women in low-wage occupations, disadvantaged position of Maori, Pacific and minoritywomen inemployment, very low rates of women’s participation in management and decision-making positions in the private sector; barriers faced by mothers of young children and single mothers who wish to be in paid employment. ILO also commented on existing labour market inequalities along ethnic lines, especially Maori and Pacific.
Pay equity: Of particular concern is the disestablishment of the Pay and Employment Equity Unit in the Department of Labour. This action suggests a lack of Government commitment to pay equity. A Ministry of Education study reported widely by the media in September found men graduates earned on average above NZ$4,000 per annum more than women graduates after four years of work[2].
Workplace discrimination:Gender discrimination in the workplace is of continuing concern and has been exemplified by the NZ Employers and Manufacturers Association CEO who claimed that women’s monthly “sick problems” made them less productive in the workplace. Lack of equal pay for equal work and a paucity of women in high ranking positions reinforce this discrimination. Discrimination against women’s choices to breastfeed in the workplace remains widespread.
One in three women and one in six men experience sexual harassment in the workplace[3]. The Human Rights Commission receives a significant number of enquiries and complaints of workplace discrimination on the grounds of sexual orientation. Problems faced by gay, lesbian, bisexual, transgender and intersex (GLBTI) people at work are difficult to tackle because there is incomplete data on the numbers of GLBTI in the workforce.
Poverty: More households are entirely dependent on benefits. Higher cost of living and housing and rising unemployment arefactors. In the 12 months to December 2009, fewer people on benefits were able to secure even part time employment (15 percent compared to 21 percent). With the difficulty of securing work, many households have lost some of their entitlement under the Working for Families package, challenging its value to relieve poverty. PWW(NZ) believes laws providing for economic, social and cultural rights do not contain clauses prohibiting discrimination against women and girls. Furthermore, the laws and policies fail to address intersectional discrimination such as disabled, minority and migrant women and their access to and enjoyment of economic, social and cultural rights such as would ensure they can participate in all areas of life.
Forced underage marriage: To assist in overcoming the very real issue of forced underage marriage, generally clandestine in nature, PWW(NZ) presented a petition to Parliament in November 2009. Together withthe Shakti Community Council we asked the Government to take steps to prevent such marriage. Currently a government review is underway to consider whether further legislation might improve safeguards for girls and women against such marriages. We have yet to see results from the review. The process of reporting has already been lengthy with no guarantee of a positive outcome(refer Appendix1,p.9-10).
Gender and Youth Suicide: Negative stereotypes persist for the female migrant/refugee child and a conspicuous number of female youth are suffering discrimination based on their gender. They are consequently deprived of their rights to education, employment, choice of partner and rights to child-birth. The oppression includes threats of honour-killing, and forced and underage marriages. There is evidence that almost 80 percent of young migrant and refugee women attempt suicide due to duress and distress. The Secondary School Survey in New Zealand cites that young Asian teenage girls rank high in attempted suicide and suicide rates among teenagers (refer Appendix 1, p.8).